Judge finds Yates not guilty of operating boat while impaired

Friday

Dec 7, 2012 at 5:46 PM

Davidson County Commissioner Todd Yates was exonerated of all charges Friday in Lexington District Court months after he was accused of driving a pontoon boat while impaired on High Rock Lake by an officer with the N.C. Wildlife Resources Commission.

BY DARRICK IGNASIAKThe Dispatch

Davidson County Commissioner Todd Yates was exonerated of all charges Friday in Lexington District Court months after he was accused of driving a pontoon boat while impaired on High Rock Lake by an officer with the N.C. Wildlife Resources Commission.Judge Mark Galloway of Roxboro found Yates, the vice chairman of the Davidson County Board of Commissioners, not guilty of operating a motorboat/vessel while impaired, refusal to allow inspection and driving a motorboat in a no-wake zone. Galloway dismissed a charge of resisting an officer after the state presented its evidence in District Court.Yates, 47, of Varner Drive, was facing the charges in connection to an incident that occurred about 6:40 p.m. May 20. "I feel like justice was served," Yates said just minutes after the judge's decision.Chris Harris, a senior officer with the N.C. Wildlife Resources Commission, claimed Yates operated a pontoon boat at a speed greater than the idle speed posted in a no-wake zone at the Southmont boat ramp. Harris testified he was on patrol when he noticed a boat being operated by Yates that was traveling at a greater speed than authorized for a no-wake zone. Harris said he exited his patrol vehicle and noticed three people, Yates, Clark Brown, the husband of Rep. Rayne Brown, R-Davidson, and Leigh Hughes, Yates' girlfriend, on the boat. He testified he got on the boat, announced he was a wildlife officer and advised Yates he was improperly operating a boat in a no-wake zone.Harris said his job was to ensure Yates had the proper equipment on board, including registration. He said Yates refused to give boat registration and yelled very loud. The officer said he also asked to see the personal flotation devices on the boat. Yates, Harris said, opened a compartment on the boat and told him if he wanted to see them they were in the compartment and closed it. The officer said he requested Yates to get all of the equipment out because of safety reasons as he didn't want to bend down or take his eyesight off the commissioner.Harris said he feared for his safety because of Yates' posture. He said he thought the commissioner was going to escalate, so he removed his taser, kept it near his waist and told Yates to calm down. The wildlife officer said he did not threaten Yates with the taser, only using it as a "deterrent.""I just kept it by my side and never pointed," he said.Yates, Harris said, told Brown "to watch this" as he thought he was going to be shot with a "shocker gun." The wildlife officer said Yates remained "very agitated" during the whole process. Harris said he asked Yates to produce the fire extinguisher, at which time the commissioner told him if he wanted to see it, he would have to get it.Harris said he could smell a strong odor coming from Yates' breath. He said he observed a Miller Lite beer in a drink holder by the driver's seat and an 18 pack of Miller Lite, aluminium beer cans scattered around the boat and three or four beer bottles in the floor. Harris said Yates told him he had drunk a beer, and it didn't matter if he had been drinking.Harris charged Yates with driving while impaired because he would not agree to submit to a Breathalyzer test. The officer said he thought Yates was impaired because his eyes were red, blood-shot and watery, his refusal to take a sobriety test and the smell of alcohol on his breath. Harris said he had a previous encounter with Yates a few years ago when wildlife officers arrested his nephew at the commissioner's property. The officer said the previous encounter did not impact his decision to place Yates under arrest.En route to the Davidson County Detention Center, Yates told Harris to take his sunglasses off and called the officer a "smart ass" and "asshole," Harris said. He also told the officer he knew the Davidson County District Attorney, a wildlife commissioner was his neighbor, and Superior Court Judge Mark Klass would be posting his bail. Harris said Yates also asked him where he lived, inquired whether the officer was a boxer and said he was black belt in karate."I told him to be quiet," Harris said, adding Yates was "belligerent," and two deputies were required to assist getting the commissioner inside the detention center.Brown testified he has been friends with Yates for about 2.5 years, ever since his wife and Yates were running for political office at the same time. He said he and Yates had been boating on a number of occasions together on High Rock Lake.Brown said he and Yates went to Goat Island on High Rock Lake where people from 40 boats had gathered to hang out. He said some were swimming and others were drinking beer. Brown said he wasn't paying attention but thought Yates had three or four beers on Goat Island. He said he and Yates also visited Tamarac Marina that day, at which time the commissioner purchased a 18 pack of beer and another case.Brown said he thought it was a joke when Harris jumped onto the boat. He said he thought one of the deputies he and Yates knew was playing a joke. Brown said he didn't think Yates was aggressive with the officer but was upset. He said he didn't remember Yates cursing at the officer.Brown said Yates also picked up each personal flotation device and showed them to the officer. He said the fire extinguisher was in plain sight for the officer to see. Brown said Yates' speech was not slurred during the evening. "I don't see how he could have broken the no-wake speed," he said, noting Yates did not stumble on the way to Harris' patrol vehicle.In his closing arguments, Lexington attorney Stephen Barnhill, who represented Yates, said he didn't see impairment on his client's behalf during the incident. He said Yates didn't have any problem walking and didn't stumble. Barnhill asked Galloway to find Yates not guilty on all of the charges.Jamie Gentry LaPrad, an assistant district attorney with Davidson County, requested the judge consider the credibility of the witnesses. She said Brown had "every incentive" to protect Yates while the officer had nothing to gain.In his findings, Galloway said he did not find evidence of impairment as Yates was not walking or stumbling. He said Yates was able to accomplish jumping off a boat while being handcuffed without a problem. Galloway said the characteristics of Yates' eyes were consistent of someone who had been at the lake all day. Galloway said there were conflicting testimonies regarding the inspection of the boat, and the boat was not fast enough to kick up any wake.Yates said Galloway's verdict is a "great weight off (my) shoulders." He said he is "very proud" of the legal system and believes justice prevailed. Yates thanked everyone who supported him and believed in him,"I don't want to go into a lot of details," Yates said. "I still have a lot of respect for our law enforcement. They do a good job day in and day out. I have a lot of respect for those guys. I'm just glad it's all over for my family's sake, everybody's sake and for the county."Barnhill said he supported Davidson County District Court Chief Judge Wayne Michael's decision to bring in a judge from a different district to try the case. Davidson County District Attorney Garry Frank said the decision was made over who would preside as judge because of Yates' position as commissioner. "Mr. Yates has had it hanging over his head knowing he didn't do anything to break the law," Barnhill said. "It's total vindication for him. It just shows that you have to have faith in the system."Darrick Ignasiak can be reached at 249-3981, ext. 217, or at darrick.ignasiak@the-dispatch.com.

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